Legal Question in Wills and Trusts in California

One way to accomplish your purpose may be to purchase one-half of the real estate from the trust, and then write a check for that same amount from the trust account to your sister.

Let me know if I can be of assistance.

Sincerely,

Kai H. Wessels, Esq.

The above is provided for informational purposes only and is not intended to be relied upon as legal advice.

You do not state what your sister wants done. It is also important to guess at what will happen to the value of the house to determine if she is being dealt with fairly. If you anticipate the value to go up a lot once both parents have died, then it is unfair for you to gain fully title before their deaths as your paying her $100,000 now is much less to her then if in 5 more years her share o fthe house is $125,000, as the first might be treated as ordinary income but the later at reduced long term capital gains. Also be sure not to mix up Trust property and estate property

There are a number of ways to structure this depending on what your parents want, what your sister wants and what the other assets will be. It is easier to talk in specific. Please give us a call if you would like.

Jon Reich

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.